Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

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History

Div 105 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

Subdivision B - Preventative detention orders  

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History

Subdiv B inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

SECTION 105.13   Duration of continued preventative detention order  

(1)    
A continued preventative detention order in relation to a person starts to have effect when it is made.

Note:

The order comes into force when it is made. The period for which the person may be detained under this order, however, only starts to run when the period during which the person may be detained under the initial preventative detention order ends (see paragraph 105.12(3)(a) ).

(2)    
A continued preventative detention order in relation to a person ceases to have effect when whichever of the following first occurs:

(a) the end of:

(i) the period specified in the order as the further period during which the person may be detained; or

(ii) if that period is extended or further extended under section 105.14 - that period as extended or further extended;

(b) the revocation of the order under section 105.17 .

Note:

The order does not cease to have effect merely because the person is released from detention under the order.

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History

S 105.13 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

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